November 2017

Advertisers should be uneasy about unproven disease claims

The “before” photo showed a silver-haired lady in a wheelchair with a hand on her furrowed brow. “24 hours after” and she’s smiling and knitting on the sofa, thanks to a dietary supplement proven in a 1200-person clinical study to reduce or eliminate the symptoms of joint pain, hypertension, diabetes, and depression. And how’s this for a bonus? Users can “easily lose between 8-13 lbs. per week.”

NextGen’s ad claims: Isn’t it ironic?

Like Alanis Morissette’s “rain on your wedding day” or “a free ride when you’ve already paid,” the FTC’s lawsuit against Florida’s NextGen Nutritionals, LLC, Anna McLean, Robert McLean, and related companies – in addition to challenging a number of claims as false or deceptive – includes three allegations that could be characterized as ironic.

Fauxmats, false claims, phony celebrity endorsements, and unauthorized charges

Online news reports appeared to feature the miraculous results celebrities like Will Ferrell and Paula Deen achieved from muscle-building supplements, weight loss products, and other merchandise. But according to the FTC, those “news reports” were deceptively formatted ads and the claims about “miraculous” results were false or misleading. And those weren’t the only secrets hidden within the promotions.

Is that B2B “free” offer really free?

If you own a small business or are active in a nonprofit, the alleged modus operandi of New York- and Illinois-based A1 Janitorial Supply Corp., three other companies, and two individuals should sound a warning. According to the FTC, the defendants called offices to offer a free sample of a cleaning product – but then cleaned up in an altogether different way.